Mr. Justice Tassaduq Hussain Jillani Mr. Justice Anwar Zaheer

Constitution Petition No. 73 of 2011 7
Islamabad and another (PLD 2011 SC 365) wherein the word
“consultation” had been interpreted, its connotations had been
elaborated and proper requirements for the same had been laid
down. He has also referred to the case of Alexia Morrison v.
Theodore B. Olson (487 US 654) in this regard. He has gone on to
submit that the response of the petitioner to the President’s letter
dated 09.10.2011 had never been considered by the President with
any degree of seriousness and the President had proceeded to
appoint respondent No. 3 as the Chairman, National
Accountability Bureau without even properly satisfying himself as
to whether the petitioner was agreeable to such appointment or
not. Mr. Sheikh has maintained that the President had acted in the
matter with undue haste which had clouded the bona fide of the
exercise. He has further contended that, as suggested and
recommended by this Court in the case of Shahid Orakazi (supra),
in case of a disagreement in the matter of appointment of a
nominee the matter had to be referred to the Hon’ble Chief Justice
of Pakistan in his capacity as a neutral arbiter but that course was
not resorted to in the present case. He has gone on to submit that
a suggestion or recommendation made by this Court needs to be
extended due respect and deference and even if it is treated as an
obiter dictum still it has a binding force. In this respect he has
referred to a few passages (at pages 605 to 609) from the book
titled Fundamental Law of Pakistan written by Mr. A. K. Brohi. He
has also relied in this regard upon some observations made by this
Court in the case of All Pakistan Newspapers Society and others v.
Federation of Pakistan and others (PLD 2004 SC 600). On the issue
of “consultation” Mr. Sheikh has also read out and referred to
different passages from the judgments delivered by this Court in
the cases of Capt. (Retd.) Abdul Qayyum, Executive Engineer v.
Muhammad Iqbal Khokhar and 4 others (PLD 1992 SC 184), Khan
Asfandyar Wali and others v. Federation of Pakistan through
Cabinet Division, Islamabad and others (PLD 2001 SC 607), Bank
of Punjab and another v. Haris Steel Industries (Pvt.) Ltd. and others